Legal Notice
1) IDENTIFICATION:
This legal notice regulates the use of the website https://clandestinagin.es (hereinafter, THE WEBSITE), owned by Rocio Gordillo (hereinafter, WEBSITE OWNER).
The WEBSITE OWNER, in compliance with Law 34/2002, of July 11, on services of the information society and electronic commerce, informs you that:
Its business name is: Destilerías de la Baja Andalucía SL
Its trade name is: CLANDESTINA GIN
Its CIF (Tax ID) is: B05317334
Its registered office is at: Avda Blas Infante no 8A DE SEVILLA
To communicate with us, we offer you different means of contact detailed below:
Email: info@clandestinagin.es
All notifications and communications between the users and the WEBSITE OWNER will be considered effective, for all purposes, when they are made through postal mail or any other means detailed above.
2) USERS.
Accessing and/or using this portal of the WEBSITE OWNER, creator of the site, confers the condition of USER, who accepts, from such access and/or use, the General Conditions of Use reflected here. These Conditions will apply regardless of the General Contracting Conditions that may be mandatory.
3) USE OF THE PORTAL.
The website and its services are free and open access, however, the WEBSITE OWNER conditions the use of some of the services offered on its website upon prior completion of the corresponding form to become a user of the portal.
The user guarantees the authenticity and timeliness of all data communicated to the WEBSITE OWNER and will be solely responsible for any false or inaccurate statements made.
The user expressly agrees to make appropriate use of the WEBSITE OWNER’S contents and services and not to use them for, among others:
a) Disseminating criminal, violent, pornographic, racist, xenophobic, offensive content, advocating terrorism, or, in general, contrary to law or public order.
b) Introducing computer viruses to the network or carrying out actions likely to alter, spoil, interrupt or generate errors or damage in electronic documents, data or physical and logical systems of the WEBSITE OWNER or third parties; as well as hindering the access of other users to the website and its services through the massive consumption of the computer resources through which the WEBSITE OWNER provides its services.
c) Attempting to access other users’ email accounts or restricted areas of the WEBSITE OWNER’s or third parties’ computer systems and, if applicable, extracting information.
d) Violating intellectual or industrial property rights, as well as violating the confidentiality of the WEBSITE OWNER’s or third parties’ information.
e) Impersonating another user, public administrations, or a third party.
f) Reproducing, copying, distributing, making available, or any other form of public communication, transforming or modifying the contents, unless authorized by the owner of the corresponding rights, or it is legally permitted.
g) Collecting data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without their prior request or consent.
4) PRIVACY POLICY.
The WEBSITE OWNER wishes to inform users and customers of its Web page of the policy carried out regarding the treatment and protection of personal data of those who voluntarily use the contact forms to contact the WEBSITE OWNER, as well as accessing its own page, which implies the communication of their personal data to the WEBSITE OWNER.
A. Identification of the person responsible for the treatment.
The WEBSITE OWNER, provided with CIF B05317334, informs the user and the client of its Web page of the existence of an automated personal data activity record called CLIENTS, where personal data communicated by the user and the client are collected and stored in order to manage their request.
B. Update of policies.
The WEBSITE OWNER will modify, without prior notice, this privacy policy whenever necessary to adapt it to any legislative, regulatory, jurisprudential, administrative changes, or with the aim of adapting said policy to the instructions issued by the Spanish Data Protection Agency or the legitimate object of any modification of this policy, notwithstanding the foregoing, it will be published and warned on the WEBSITE OWNER’s Web page.
For all the above reasons, the WEBSITE OWNER recommends users to periodically read these policies in order to be able to know the changes made to them.
C. Purpose of the Activity Registry
The WEB OWNER does not request data from internet users visiting its website, except for merely identifying data. Therefore, the communication of personal data by the user to the WEB OWNER through its website can only be understood to occur when they voluntarily use the contact form service or other communication methods to contact the WEB OWNER, as in these cases the data processing is inevitable and implicit to the communication system. For these and the cases described in the following section, the entity informs the client that the data processing is carried out with the following purposes: to manage all tasks related to the preparation of quotes, contracting and provision of services of the WEB OWNER, to the company it belongs to or to the interested party requesting it. It also includes addressing and responding to received communications and commercial prospecting to keep users informed of potential promotions.
D. Consent
It is informed that when the user does not maintain commercial relations with the WEB OWNER, and sends an email or a communication to the WEB OWNER, indicating other personal data, said user is giving their free, unambiguous, specific, informed, and explicit consent for the processing of their personal data by the WEB OWNER, with the previously established purposes, as well as to attend to their communication or send documentation.
Similarly, the WEB OWNER informs that if the client sends an email or communicates to the WEB OWNER their personal data due to the position they hold in a company, whether as an administrator, manager, representative and/or any other position as a contact person in the company, it will be understood that such communication entails the provision of their free, unambiguous, specific, informed, and explicit consent for the processing of their personal data by the WEB OWNER, with the previously established purposes.
E. Identification of the Recipients Regarding Which the WEB OWNER Plans to Perform Data Transfers or Access by Third Parties
The WEB OWNER only plans to perform data transfers or communications which, according to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (hereafter GDPR), must be carried out to fulfill its obligations with Public Administrations, Agencies or people directly related to the WEB OWNER, in cases required according to the legislation in force at each time and each situation, or in cases where explicit consent has been given.
The WEB OWNER also informs the user that any other data transfer that must be carried out will be made known to them when so provided by the GDPR, informing them expressly, precisely, and unequivocally about the recipients of the information, the purpose for which the data will be used, and the nature of the transferred data, or when appropriate, prior explicit, specific, and informed consent will be requested from the user.
Nevertheless, the WEB OWNER informs the user and the client that any processing of personal data is subject to the legislation currently in force in Spain regarding data protection, established by the GDPR and its supplementary and developmental regulations. In this regard, the WEB OWNER is only responsible for and guarantees the confidentiality of the personal data requested from the user through the website.
F. Data Quality
The WEB OWNER warns the user that, unless there is a legally constituted representation, no user can use the identity of another person and communicate their personal data, so the user must always bear in mind that they can only include personal data corresponding to their own identity and that are adequate, relevant, current, accurate, and true. For these purposes, the user will be solely responsible for any direct and/or indirect damage caused to third parties or to the WEB OWNER, by the use of personal data of another person, or their own personal data when they are false, incorrect, not current, inadequate or irrelevant. Similarly, a user who uses personal data of a third party will be responsible to them for the obligation to inform established in the GDPR for when the personal data has not been collected from the person concerned, and/or the consequences of not having informed them.
G. Exercise of Rights of Access, Rectification, Processing Limitation, Portability, Cancellation, Opposition to Processing, and Deletion of Data
The WEB OWNER informs the user about the possibility of exercising their rights of access, rectification, processing limitation, portability, opposition to processing, and deletion of their data as well as the right to file a complaint with the Control Authority by writing to the WEB OWNER at the email address provided above, attaching in both cases their ID card or identity card.
H. Use of Forms for the Collection of Personal Data
In the contact forms available on the website, where personal data is collected, the user must expressly consent prior to sending them, accepting and acknowledging the privacy policy by completing the check “I have read and accept the privacy policy”, the content of which can be accessed through the attached link that will refer to this legal notice. If the check box is not marked by the user, the data contained in these forms will not be sent.
I. Security Measures in Relation to Personal Data Processing
The WEB OWNER informs users that, in accordance with the provisions of the GDPR, it has adopted the necessary technical and organizational measures to ensure the security of personal data and to prevent their alteration, loss, processing, or unauthorized access, given the state of the technology, the nature of the stored data, and the risks to which they are exposed. The WEB OWNER also guarantees users the fulfillment of the duty of professional secrecy regarding the personal data of the users and the duty to keep them.
J. More Information About Privacy Policy
If you want more information about our privacy policy, you can click on the following link on our website.
5) Intellectual and Industrial Property:
Under the current legislation regulating Intellectual Property, reproduction, distribution, and public communication, including its modality of making available, of all or part of the contents of this website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, for commercial purposes, in any format and by any technical means, without the authorization of the WEB OWNER, are expressly forbidden.
All contents of the website constitute a work whose property belongs to the WEB OWNER, and none of the exploitation rights over them can be understood to be transferred to the user beyond what is strictly necessary for the correct use of the web.
Ultimately, users who access this website can view the contents and, if necessary, make authorized private copies provided that the reproduced elements are not subsequently transferred to third parties, nor installed on servers connected to networks, nor subject to any kind of commercial exploitation.
Also, all trademarks, trade names, or distinctive signs of any kind that appear on the website are the property of the WEB OWNER, and it cannot be understood that the use of or access to it gives the user any right over them.
The establishment of a hyperlink does not imply in any case the existence of relations between the WEB OWNER and the owner of the website in which it is established, nor the acceptance and approval by the WEB OWNER of its contents or services. Those who intend to establish a hyperlink must request prior written authorization from the WEB OWNER. In any case, the hyperlink will only allow access to the homepage or start page of our website, also, they must refrain from making false, inaccurate, or incorrect statements about the WEB OWNER, or include illegal content, contrary to good customs and public order.
The WEB OWNER is not responsible for the use that each user gives to the materials made available on this website or for the actions they carry out based on them.
6) Exclusion of Guarantees and Liability
The content of this website is of a general nature and has a merely informative purpose, without fully guaranteeing access to all content, nor its completeness, correctness, validity or currency, or its suitability or usefulness for a specific purpose.
The WEB OWNER excludes, to the extent that the legal system allows, any liability for damages of any kind arising from:
a) The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness, and/or currency of the contents, as well as the existence of vices and defects of all kinds of the contents transmitted, disseminated, stored, made available, which have been accessed through the website or the services offered.
b) The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents, or user data.
c) Failure to comply with the laws, good faith, public order, traffic uses, and this legal notice as a consequence of incorrect use of the website. In particular, and as an example, the WEB OWNER is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy, and self-image, as well as the regulations on unfair competition and illegal advertising.
7) Modification of These Conditions and Duration:
The WEB OWNER may modify the terms specified here at any time, duly published as they appear here. The validity of the cited conditions will depend on their exposure and will remain valid until they are modified by other duly published conditions.
8) Links
The WEB OWNER declines any responsibility regarding the information that is outside this web and is not managed directly by our webmaster. The function of the links that appear on this web is exclusively to inform the user about the existence of other sources likely to expand the contents offered by this website. The WEB OWNER does not guarantee nor is responsible for the operation or accessibility of the linked sites. Nor does it suggest, invite, or recommend a visit to them, so it will not be responsible for the result obtained. The WEB OWNER is not responsible for the establishment of hyperlinks by third parties.
9) Right of Exclusion:
The WEB OWNER reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, on its own accord or that of a third party, to those users who violate these General Conditions of Use of the Portal.
10) Generalities:
If any user or third party believes that there are facts or circumstances revealing the unlawful nature of the use of any content and/or the performance of any activity on the web pages included or accessible through the website, they must send a notification to the WEB OWNER, properly identifying themselves, specifying the alleged infringements and expressly and under their responsibility declaring that the information provided in the notification is accurate.
11) Publications:
The administrative information provided through the website does not replace the legal advertising of laws, regulations, plans, general provisions, and acts that must be formally published in the official journals of public administrations, which are the only instrument that attests to their authenticity and content. The information available on this website should be understood as a guide.
12) Applicable Law and Jurisdiction:
These conditions will be governed or interpreted according to Spanish legislation in matters not expressly established. The provider and the user agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions to the Courts and Tribunals of the user’s domicile.
In the event that the user resides outside of Spain, the provider and the user expressly renounce any other forum, submitting to the Courts and Tribunals of the domicile of the WEB OWNER.